Carr Indicts Three in Houston County for Trafficking of 13 Year Old Female

ATLANTA, GA - Attorney General Chris Carr today announced that Emma-Lee Garcia, Noe Borromeo Hernandez, and Brian Smith have been indicted for the trafficking of a 13-year-old female in Houston County.

"We're fighting to combat human trafficking in every corner of our state because protecting Georgia's children is our top priority," said Carr. "Whether a buyer or a seller, those who engage in the sexual exploitation of a child will be held accountable to the fullest extent of the law. We won't rest in our pursuit of justice for survivors, and we will continue to send a strong message that Georgia's children are not for sale."

The Attorney General's Human Trafficking Prosecution Unit initiated its investigation after the child disclosed that she was sold for sex in Warner Robins, Georgia.

Specifically, Emma-Lee Garcia is alleged to have advertised and sold the 13-year-old female for commercial sex. Garcia is further alleged to have benefitted financially from the sale of the child.

Both Noe Borromeo Hernandez and Brian Smith are alleged to have purchased the child for sex. Smith is further alleged to have solicited the 13-year-old female after this initial encounter.

The following law enforcement agencies assisted in the arrest of the three defendants: Houston County Sheriff's Office, Perry Police Department, Warner Robins Police Department, and U.S. Marshals Service.

Houston County Indictment

The Attorney General's Human Trafficking Prosecution Unit presented evidence to a Houston County Grand Jury on Dec. 10, 2024, resulting in the indictment* of Emma-Lee Garcia, Noe Borromeo Hernandez, and Brian Smith. Specifically, each defendant is facing the following charges.

Emma-Lee Garcia, 24, of Warner Robbins:

• 5 counts of Trafficking of Persons for Sexual Servitude in violation of O.C.G.A. § 16-5-46 - Did unlawfully and knowingly provide another person, a 13-year-old child, for the purpose of sexual servitude; Did unlawfully and knowingly harbor another person, a 13-year-old child, for the purpose of sexual servitude; and Did unlawfully and knowingly benefit financially from the sexual servitude of another person, a 13-year-old child.

Noe Borromeo Hernandez, 42, of Kathleen:

• 1 count of Trafficking of Persons for Sexual Servitude in violation of O.C.G.A. § 16-5-46 - Did unlawfully and knowingly solicit another person, a 13-year-old child, for the purpose of sexual servitude.
• 1 count of Statutory Rape in violation of O.C.G.A. § 16-6-3 - Did unlawfully and knowingly engage in sexual intercourse with another person, a 13-year-old child, who is not said accused's spouse.
• 2 counts of Child Molestation in violation of O.C.G.A. § 16-6-4 - Did unlawfully and knowingly commit an immoral or indecent act to another person, a 13-year-old child, with the intent to arouse or satisfy the sexual desires of a child or said accused.

Brian Smith, 42, of Perry:

• 2 counts of Trafficking of Persons for Sexual Servitude in violation of O.C.G.A. § 16-5-46 - Did unlawfully and knowingly solicit another person, a 13-year-old child, for the purpose of sexual servitude.
• 1 count of Statutory Rape in violation of O.C.G.A. § 16-6-3 - Did unlawfully and knowingly engage in sexual intercourse with another person, a 13-year-old child, who is not said accused's spouse.
• 1 count of Child Molestation in violation of O.C.G.A. § 16-6-4 - Did unlawfully and knowingly commit an immoral or indecent act to another person, a 13-year-old child, with the intent to arouse or satisfy the sexual desires of a child or said accused.

About the Attorney General's Human Trafficking Prosecution Unit

In 2019, with the support of Governor Brian Kemp, First Lady Marty Kemp and leaders in the Georgia General Assembly, Attorney General Chris Carr created the first-of-its-kind statewide Human Trafficking Prosecution Unit.

Since its inception, Carr's Human Trafficking Prosecution Unit has secured 50 criminal convictions and rescued and assisted nearly 200 children.

The Attorney General's Human Trafficking Prosecution Unit is housed in the Prosecution Division, which also includes Carr's Gang Prosecution Unit, his White Collar and Cyber Crime Unit, and his Organized Retail Crime Unit.

*Members of the public should keep in mind that indictments contain only allegations against the individual against whom the indictment is sought. A defendant is presumed innocent until proven guilty, and it will be the government's burden at trial to prove the defendant guilty beyond a reasonable doubt of the allegations contained in the indictment.

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